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09/10/2019 ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF SEPTEMBER 10, 2019 The regular meeting of September 10, 2019 was called to order at 3:00 P.M. and adjourned to 5:00 P.M. for lack of a quorum. The regular adjourned meeting of September 10, 2019 was called to order at 5:00 P.M. in the chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on September 5, 2019. PRESENT: Mayor Harry Sidhu and Council Members Lucille Kring, Denise Barnes, Jordan Brandman, Jose F. Moreno, and Stephen Faessel. Council Member Trevor O'Neil joined the meeting at 7:13 P.M. STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk Theresa Bass INVOCATION: Pastor Joe Hogan, Cornerstone Church FLAG SALUTE: Council Member Denise Barnes Presentations: Recognizing 2019 Anaheim Beautiful Art Contest Winners Sandra Sagert, Anaheim Beautiful President, presented a history of the program and presented the following winners: Anaheim Coves —Julie Mayer Award House of Blues Anaheim Applebee's Anaheim Town Square Requiem Coffee, Tea and Fantasy City Church of Anaheim STC Anaheim Garden Walk—Certificate of Merit Recognizing American Legion's 100th Anniversary (Presentation not made at the meeting; will be presented at a later date) Acceptance of Other Recognitions (To be presented at a later date): Recognizing September 13-22, 2019, as Welcoming Week Recognizing September 2019, as National Library Card Sign-Up Month Audrey Lujan, City Librarian, accepted the proclamation and presented a brief summary of activities at the Anaheim Public Library. Recognizing September 2019, as Childhood Cancer Awareness Month City Council Minutes of September 10, 2019 Page 2 of 16 Recognizing October 2, 2019, as International Walk to School Day Principal Traffic Engineer Rafael Cobian accepted the proclamation and presented a brief history of the program. ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Theresa Bass announced Item Nos. 10 and 14 were withdrawn at the request of staff. PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, an outline of new rules for public comments and a brief decorum statement was provided by City Clerk Theresa Bass. Cecil Jordan Corkern, Outreach Homeless Ministries, expressed his concern regarding tensions in the Middle East. Mark Richard Daniels expressed his support for Item No. 13 and encouraged City Council to pass the item. He would like to see the flag restored for future generations. R. Joshua Collins, Homeless Advocates for Christ, encouraged City Council to use City property for housing for the homeless. He expressed concern about placing different kind of homeless in one shelter, because it can be a dangerous situation. Cathy Varner, Vice-President, Perspecta, thanked the City of Anaheim for allowing her company to provide IT support for the last 15 years and advised that her staff will be available for knowledge transfer, training, and transition to the new service provider that has been selected. Ms. Varner expressed that today was a disappointing and sad day, both professionally and personally for herself and her team. She also expressed commitment to the City to provide whatever services are needed and that safeguarding the City remained their main priority. Alfredo Heredia expressed his support for Item No. 20 and encouraged City Council to pass the item. Mr. Heredia shared his parents raised four children with government help, and with this new policy, they would have never been able to acquire a green card. Rachel Rolnicki, Senior Field Representative for U.S. Congressman Lou Correa, read a brief statement from Congressman Correa in which he expressed his support for Item No. 20 and encouraged City Council to pass the item as he believed this rule would cause struggling families to choose between feeding their children or becoming U.S. citizens. Josef Holper, Director of Communications for Assemblywoman Sharon Quirk-Silva, read a brief statement from Assemblywoman Quirk-Silva in which she expressed her support for Item No. 20 and encouraged City Council to pass the item as she stands with the City of Anaheim for a welcoming environment and treating everyone with compassion and respect, regardless of race, ethnicity, place of origin, or citizenship status. Leonel Velazquez, Orange County Congregation Community Organization (OCCCO), expressed his support for Item No. 20 and encouraged City Council to pass the item. Mr. Velazquez also spoke in support of children and their rights as U.S. citizens. City Council Minutes of September 10, 2019 Page 3 of 16 Juanita Ramirez, Orange County Congregation Community Organization (OCCCO), expressed her support for Item No. 20 and encouraged City Council to pass the item. Ms. Ramirez spoke in support of kids' rights, especially those being separated from their parents. David Klawe expressed his support for Item Nos. 20 and 21 and encouraged City Council to pass the items. Mr. Klawe thanked everyone for the long hours and hard work and added he would like to see the name Anaheim added to the flag. Joese Hernandez expressed his support for Item No. 20 and encouraged City Council to pass the item. Mr. Hernandez also expressed his pride being a U.S. citizen and a voter. Victor Valladares expressed his support for Item No. 20 and encouraged City Council to pass the item as 40% of the City's residents are immigrants. Stephanie Burglin expressed her support for Item No. 21 and encouraged City Council to pass the item to re-instate the original flag. LaShe Rodriguez thanked City Council for considering her appointment to the Sister City Commission during Item No. 19. Joseph Olsen expressed his opposition to Item No. 21 and encouraged City Council to vote against the item, as he would like to maintain the new flag. Jeanine Robbins expressed her support for Item No. 20 and encouraged City Council to pass the item, as she believed residents should feel protected and be able to get the services they need. Paul Hyek expressed his concern regarding the Anaheim Way shelter location and the workmanship of the building. Peter Warner expressed his concern regarding the appropriate licensing of bus drivers at Mercy House. Mr. Warner would also like to see food services comply with FDA regulations. Cheryl Moi expressed concern regarding rent gouging in Anaheim and encouraged City Council to help Rancho La Paz residents. Ms. Moi agreed with providing all help that can be given to those that are trying to get a better life and expressed her support for AB1482. Victor Becerra spoke regarding Learn4life Independent study public school and encouraged City Council to support the program. Mr. Becerra expressed how grateful he is for Learn4Life and the opportunities they offer. Cindy Morgan addressed a feline problem near the Mountain View Apartments and suggested that Orange County (OC) Animal Care was not doing a good job at maintaining the issue and encouraged City Council to investigate. Mayor Sidhu requested that City Manager Chris Zapata speak with Ms. Morgan. Carol Barnes expressed concern regarding OC Animal Care and their practices regarding cat live release practices. She encouraged the City Council to investigate the issue. City Council Minutes of September 10, 2019 Page 4 of 16 Bob Donelson reported that the Anaheim Democrats recently passed a resolution on Short Term Rentals (STRs) and was asking City Council to reinstate the STR phase-out program. Mayor Pro Tern Lucille Kring advised.Mr. Donelson that three STRs in Sherwood Village would be gone in a few weeks. Aida Garcia reported that the Tenant Protection Act of 2019 was signed into law and encouraged City Council to assist residents at Rancho La Paz Mobile Home Park in alignment with that the law. Ms. Garcia urged Council to consider the special needs of Rancho La Paz residents who are elderly and disabled. Bryan Kaye expressed concern regarding his treatment by the Anaheim Police Department. Mr. Kaye also expressed his support for keeping the original flag. Mike Robbins expressed concern regarding STRs in Anaheim and felt that corruption on the City Council allowed the STRs to continue regardless of the wishes of Anaheim residents. Nancy Lombardo expressed concern regarding speeding on North Pine Street near Horace Mann Elementary school. She noted that a recent request for traffic calming on the street was denied due to the average speed on the street being below the speed limit. She encouraged City Council to request another study be completed during the school drop-off and pick-up hours. Council Member Moreno requested that staff from Public Works work with Ms. Lombardo to seek alternatives to the speeding issues. Han Tran expressed concern regarding OC Animal Care and their practices regarding cat live release practices and encouraged the City Council to investigate the issue. Betsy Denhart, Pet Assistance Foundation, provided an overview of their program and expressed concern regarding OC Animal Care and their practices regarding cat live release practices. She encouraged the City Council to investigate the issue, as she believed cats should not be released unless appropriate actions are taken. Mayor Sidhu requested that Ms. Denhart provide her information to staff for further investigation. Kenneth Batiste expressed his support for Item No. 20 and encouraged City Council to pass the item. Dr. Patricia Adelekan invited City Council and residents to the 2019 International Educators' Hall of Fame Ceremony on Saturday, September 21 at the Phoenix Club. CITY MANAGER'S UPDATE: City Manager Chris Zapata announced the stadium appraisal would be presented to Council during Closed Session on September 24, 2019. He also announced he met with Angels President John Carpino on September 9, 2019 to discuss tentative dates for negotiation sessions. City Council Minutes of September 10, 2019 Page 5 of 16 CONSENT CALENDAR: At 6:44 P.M., the Consent Calendar was considered. Council Brandman recused himself from Item No. 17 and Council Member Moreno pulled Item Nos. 13 and 15 for separate discussion and consideration. MOTION: Mayor Pro Tern Kring moved to adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, and Faessel); ABSENT— 1 (Council Member O'Neil). Motion carried. B105 1. Receive and file minutes of the Community Services Board meetings of April 11, 2019, May 9, 2019, June 13, 2019, and July 11, 2019; Cultural and Heritage Commission meetings of April 18, 2019, May 16, 2019, and June 20, 2019; Parks and Recreation Commission meetings of March 27, 2019, April 24, 2019, May 22, 2019, June 26, 2019, and July 24, 2019; Public Utilities Board meeting of July 24, 2019, and the Sister City Commission meeting of June 24, 2019. D116 2. Approve proclamations recognizing the Irvine Ranch Outdoor Education Center's 10th Anniversary and the Orange County Black Chamber of Commerce's 35th Anniversary. 0144.6 3. Approve Anaheim Fire & Rescue's response to the 2018-2019 Orange County Grand Jury Report entitled "Emergency Public Information - Should I Stay or Should I Go?" and authorize the Fire Chief to execute and forward the response by September 17, 2019 to the Presiding Judge of the Orange County Court and the Orange County Grand Jury. B105 4. Appoint Anthony Nardo and Linda Lopez, both representing the private sector, and reappoint both Jeff Farano Sr., representing the private sector, and Valentina Purtel, representing the public sector, to the Anaheim Workforce Development Board, to four year terms ending September 10, 2023. D154 5. Approve the 2020 Health and Welfare Plan Rates and authorize the Human Resources Director to execute all required provider agreements on behalf of the city. D180 6. Accept the bid from Quinn Power Systems, in the amount of$43,966 plus applicable tax and a 15% contingency, to provide maintenance and testing services for manual and automatic transfer switches at various locations throughout the City for a one year period with up to four one-year optional renewals and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9312. D180 7. Accept the bid from Allen Tire Company, in the amount of$191,038.82 plus applicable tax and a 15% contingency, to provide automotive tires on an as-needed basis for Fleet Services for a one year period with up to four one-year optional renewals and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9322. D180 8. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to International Code Council, Inc., in the amount of $30,183.55 plus applicable tax and freight, for California Code books for the Planning Department. City Council Minutes of September 10, 2019 Page 6 of 16 D180 9. Waive the sealed bid requirement of Council Policy 4.0 and ratify an emergency purchase order issued to Total Environmental Management, Inc., in the amount of$39,573, for providing emergency chiller rental services for the Anaheim Convention Center. A123 10. Waive Council Policies 4.0 and 4.1 and authorize the City Manager, or designee, to execute agreements with TASER International, Inc., in an amount not to exceed $1,185,145.14 inclusive of applicable tax, for the purchase of 415 Taser 7 Electronic Incapacitation Devices (EID) and related accessories and services for use by sworn Anaheim Police personnel for a term of five years; and authorize the Purchasing Agent to issue future purchase orders of EIDs, accessories and related services and execute any and all documents necessary to complete the transactions, subject to available budget appropriations. Item No. 10 Withdrawn by staff; no action taken. AGR- 11. Approve a contract with the Federal Highway Administration, in a reimbursement amount 11705 not to exceed $1,055,059, for the City to test and verify transportation communications protocol; authorize the Director of Public Works to execute the contract and to take the necessary actions to implement and administer the contract; authorize de minimus changes that do not substantially change the terms and conditions of the contract, as determined by the City Attorney; approve increase to the Fiscal Year 2019/20 revenue and expenditure appropriations in the Public Works budget by $1,055,059. 12. Approve the Master Agreement for water system construction, repair, maintenance and AGR-7804.B immediate response (Agreement) and authorize the Public Utilities General Manager, or designee, to execute the Agreement separately with the following contractors prequalified AGR-11729 by the Public Utilities Department for a three year term with an extension of up to twelve AGR-6531.A (12) months: Arnaz Engineering Contractors, Inc.; Big Ben, Inc.; Boudreau Pipeline AGR 11730 Corporation; Ferreira Construction Co., Inc.; General Pump Company, Inc.; J. De Sigio Construction, Inc.; Layne Christensen Company; Mike Prlich and Sons, Inc.; Paulus AGR-3025.E Engineering, Inc.; Ramona, Inc.; T.E. Roberts, Inc.; W.A. Rasic Construction Company, AGR-4780.D Inc.; and such other contractors as the department may prequalify during the term of the Agreement; approve a not to exceed amount of$500,000 per work order package, plus AGR-4779.A change order authorization, in an amount not to exceed 10% per change order or AGR-11731 $100,000 in total per work order package; approve an incentive payment equal to 1% of the bid amount for contractors that meet a 25% Local Hire and/or Veteran hiring goal AGR-3070.D during the course of a project; authorize the Public Utilities General Manager, or AGR- designee, to take any and all actions as are necessary to implement and administer the 10169.A Agreement; authorize de minimis changes that do not substantially change the terms and AGR 7808.6 conditions of the agreement, as determined by the City Attorney; and determine that the projects to be performed under the Agreement shall be categorically exempt under the California Environmental Quality Act, Sections 15301, 15302, 15303, and/or 15304 of Title 14 of the California Code of Regulations. AGR-9711 14. Approve the First Amendment to Professional Services Agreement with JSPR, Inc., increasing the not to exceed amount from $100,000 to $200,000, for continued on-call strategic services supporting economic development activities and authorize the Director of Community and Economic Development Department, or designee, to execute and administer the amendment. Item No. 14 Withdrawn by staff; no action taken. City Council Minutes of September 10, 2019 Page 7 of 16 P100 16. RESOLUTION NO. 2019-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM dedicating certain city-owned property for public street and utility purposes (Orangewood Avenue Widening Project from State College Boulevard to the Santa Ana River; R/W ACQ 2019-01118). F130.2 17. ORDINANCE NO. 6469 (ADOPTION) AN (UN-CODIFIED) ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Chapman University for transportation services within and around the City of Anaheim and stating the terms and conditions upon which said franchise is granted based upon the finding and determination that said ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 21080(b)(10) of the California Public Resources Code (Introduced at Council meeting of August 27, 2019, Public Hearing Item No. 36). Item No. 17 Council Member Brandman recused himself. MOTION: Mayor Pro Tern Kring moved to adopt, seconded by Council Member Faessel. ROLL CALL VOTE: AYES— 5 (Mayor Sidhu and Council Members Kring, Barnes, Moreno, and Faessel); ABSTAIN— 1 (Council Member Brandman); ABSENT— 1 (Council Member O'Neil.) Motion carried. D114 18. Approve minutes of the Council meetings of December 6, 2018 and December 18, 2018. At 6:46 P.M., Mayor Sidhu recessed the Council meeting and reconvened at 6:58 P.M. Council Member O'Neil joined the meeting at 7:13 P.M END OF CONSENT CALENDAR AGR- 13. Approve the First Amendment to Agreement with Seibert Perkins Design, Inc., increasing 8060.A.1 the not to exceed amount from $100,000 to $200,000, for continued on-call art and environmental graphic design services and authorize the Director of Community & Economic Development, or designee, to execute and administer the amendment. Director of Community & Economic Development John Woodhead advised that in July 2017, the City issued a Request for Proposals (RFP) to provide on-call multidisciplinary consulting services, on an as-needed basis. He advised 50 firms submitted proposals and each was reviewed by Community & Economic Development staff in accordance with the criteria outlined in the RFP. He provided a brief overview of the rating criteria and the panel used to review the RFP. Lastly, he advised that Seibert Perkins Design was identified as the most qualified firm to provide on-call art and environmental graphic design services (e.g. wayfinding and branding) for various projects. Mr. Woodhead reported that in May 2018, the City entered into a one-year agreement with two, one-year extensions with Seibert Perkins Design, in an amount not to exceed $100,000, for the desired services. He advised that under the current agreement, Seibert Perkins Design has assisted with the rebranding and design of the Center City environmental graphics and wayfinding, the coordinated sign program for the spectaculars in the Stadium Arena Sign District, and the Beach Boulevard mile markers. Mr. Woodhead advised that approval of the First Amendment would allow Seibert Perkins Design to continue to assist staff with meeting its priority economic development goals including the creation of wayfinding and digital signage for the implementation of the parking guidance system, City Council Minutes of September 10, 2019 Page 8 of 16 and environmental graphics and signage for the Platinum Triangle and Beach Boulevard. He also noted that Seibert Perkins Design would assist staff with rebranding and developing new signage for the Anaheim Canyon. Lastly, the new signage will fulfill the branding and identity goals outlined in the Anaheim Canyon Specific Plan and will serve as a key business attraction tool. At this time, staff recommends approval of the First Amendment, increasing the contracting authority from $100,000 to $200,000. DISCUSSION: In response to Council Member Moreno's inquiry, Mr. Woodhead advised the contact was being increased from $100,000 to $200,000 because the original $100,000 had been exhausted and they are still working on the projects. He clarified they are constantly refreshing signage in a variety of areas to several different audiences. Mr. Woodhead further clarified that there will be a multi-faceted approach to business attraction and retention policies with this being one facet. He also noted the City is handling the signage and it is important that Anaheim is celebrated in the signage. Council Member Moreno's requested that Mr. Woodhead outline the economic value of branding Anaheim and forward it as a staff memo to City Council. Council Member Barnes expressed concern that the Beach Boulevard Specific Plan has not yet been branded. In response to Council Member Barnes' inquiry, Mr. Woodhead clarified the contract is in an extension period, but the funding has been exhausted. Council Member Barnes requested a list of deliverables from this contract, how it relates to the Beach Boulevard Specific Plan, and requested a meeting with members of Seibert Perkins Design. MOTION: Mayor Pro Tern Kring moved to approve the First Amendment to Agreement with Seibert Perkins Design, Inc., increasing the not to exceed amount from $100,000 to $200,000, for continued on-call art and environmental graphic design services and authorize the Director of Community & Economic Development, or designee, to execute and administer the amendment, seconded by Council Member Faessel. ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O'Neil); ABSTAIN — 1 (Council Member Moreno). Motion carried. AGR- 15. Approve an agreement, in substantial form, with Science Applications International 11702 Corporation, in the total not to exceed amount of$14,585,500 for the first year and $10,612,500 annually thereafter with a 15% contingency, to provide Information Technology Outsourcing (ITO) Services for a four year initial term with two two-year optional extensions; authorize the Finance Director/City Treasurer, or designee, to execute the agreement, extensions, and any related documents and take the necessary actions to implement and administer the agreement; and increase the Finance Department's Fiscal Year 2019/20 budget by $2,805,000 for additional onetime costs associated with the ITO Services for the agreement. Finance Director/City Treasurer Debbie Moreno presented the staff report and advised the item was for an agreement to provide Information Technology Outsourcing (ITO) Services with Science Applications International Corporation (SAIC). Ms. Moreno presented an overview of IT Services, which includes Infrastructure, Applications, Workplace Services, Geographical Information Systems (GIS), and IT Project Management. She City Council Minutes of September 10, 2019 Page 9 of 16 reported the City's current master agreement with Perspecta had been in place since 2003 and had been extended multiple times. Ms. Moreno reported that staff identified the need to modernize the contract for ITO services, as the staff augmentation service model may no longer be the optimal approach to support City operations and to look for support cost savings. She advised on January 28, 2019, the City issues an RFP for ITO Services. She advised City staff to provide a thorough review of all services areas, including detailed requirements that were validated against comparable RFPs and by external consultants. Fourteen responses were received on April 2019 and the City engaged with Avasant, another consultant, to ensure a fair and thorough evaluation and selection process was conducted. Bidders were provided an opportunity to refine their proposals through over 500+ questions received and answered by staff, a pre-bid Question and Answer (Q&A) session, and a data center walkthrough. Ms. Moreno reported the top five finalists were provided opportunities to expand on their proposals through on-site presentations and a final proposal clarification stage. She advised the scoring criteria consisted of the firm's business quality, the solution proposed, pricing, and risk. Ms. Moreno advised that SAIC consistently scored as the top firm through the various stages of evaluation, and was a standout in areas of comprehensiveness of the solution proposed. Ms. Moreno advised the new contract includes a change from a staff augmentation service delivery model to a managed services model. The model leverages people, processes, and technologies to perform tasks in the most efficient locations to optimize costs, quality, and minimize risks, which are tied to Service Level Requirements (SLRs). Lastly, she advised the agreement has more stringent performance expectations and penalties compared to the agreement currently in place. Ms. Moreno reported that pricing from SAIC was validated against the benchmarking performing by Avasant and was confirmed to be appropriate and competitive. She advised, if approved, the contract provides for a transition period that would take place from September 15 to December 30 with the initial term being four years, commencing on December 30, 2019. She noted there would be two optional two-year extension periods. Lastly, she reported the cost of the first year, including startup and transitional services, would be $14.6 million. Ms. Moreno advised there would be 105 days to transition work from the current service provider to SAIC and would include knowledge transfer, assumption of in-flight projects, and review and prioritization of planned projects. DISCUSSION: Mayor Sidhu lent his support for the item, thanked Perspecta for their services, and noted that SAIC comes highly recommended. In response to Council Member Moreno's inquiry, Ms. Moreno advised the City decided against the Perspecta recommendation of hiring a Chief Information Officer (CIO) because Deputy Finance Director Jean Ibalio currently fills that role, but does not have the functional title and was consolidated during the last reorganization. In response to Council Member Moreno's inquiry, Ms. Moreno advised that default termination clauses are included in addition to a Termination for Convenience Clause, which gives the City 90-days to terminate the contract. She also clarified that enhanced services transitions allow departments to transfer knowledge of services that may require additional dedicated services. City Council Minutes of September 10, 2019 Page 10 of 16 She acknowledged it was more money upfront but would benefit the City once the transition was completed. Lastly, she advised the funding would come from Information Services Reserves funds. In response to Council Member Barnes' inquiry, Ms. Moreno advised this would not reduce the City workforce. Council Member Moreno thanked the staff who helped with the proposal, staff who are helping with the transition, and staff who have delivered IT services to City Council in the past. In response to Council Member Faessel's inquiry, Ms. Moreno advised the RFP was presented to the Budget, Investment, and Technology Commission on August 21, 2019. MOTION: Mayor Pro Tern Kring moved to approve an agreement, in substantial form, with Science Applications International Corporation, in the total not to exceed amount of$14,585,500 for the first year and $10,612,500 annually thereafter with a 15% contingency, to provide Information Technology Outsourcing (ITO) Services for a four year initial term with two two-year optional extensions; authorize the Finance Director/City Treasurer, or designee, to execute the agreement, extensions, and any related documents and take the necessary actions to implement and administer the agreement; and increase the Finance Department's Fiscal Year 2019/20 budget by $2,805,000 for additional onetime costs associated with the ITO Services for the agreement, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES — 0. Motion carried. B105 19. Consider appointments to the Sister City Commission to fill an unscheduled vacancy with term ending June 30, 2020 and scheduled vacancies with terms ending June 30, 2021 and June 30, 2022. SISTER CITY COMMISSION Scheduled vacancies with eligible incumbents: Appointment: Taline Cole (term ending June 30, 2021) (Incumbent, Taline Cole) Appointment: Paul Anderson (term ending June 30, 2022) (Incumbent, Paul Anderson) Appointment: Larry Larsen (term ending June 30, 2022) (Incumbent, Larry Larsen) MOTION: Council Member Faessel moved to reappoint eligible incumbents, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES — 0. Motion carried. Unscheduled and Scheduled vacancies: Appointment: Kevin Brown (term ending June 30, 2020) City Council Minutes of September 10, 2019 Page 11 of 16 (unscheduled vacancy of Eric Bullard) NOMINATION: Council Member Faessel nominated Kevin Brown. Mr. Brown was unanimously appointed with no objection. Appointment: Susan Vodonick (term ending June 30, 2021) (vacancy of Anthony Al-Jamie) NOMINATION: Mayor Pro Tem Kring nominated Susan Vodonick. Ms. Vodonick was unanimously appointed with no objection. Appointment: LaShe Rodriquez (term ending June 30, 2021) (vacancy of Barbara Gerovac) NOMINATION: Council Member Brandman nominated LaShe Rodriguez. Ms. Rodriquez was unanimously appointed with no objection. Appointment: Germaine Neumann (term ending June 30, 2022) (vacancy of Jackie Filbeck) NOMINATION: Council Member Moreno nominated Germaine Neumann. Ms. Neumann was unanimously appointed with no objection. Appointment: Emily Fuentes (term ending June 30, 2022) (vacancy of Jerry O'Keefe) NOMINATION: Council Member O'Neil nominated Emily Fuentes. Ms. Fuentes was unanimously appointed with no objection. Appointment: (term ending June 30, 2022) (vacancy of Bridgette Rodgers) Appointment continued to September 24, 2019. D116 20. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM opposing the Department of Homeland Security's public charge rule change as applied to legal permanent residency applications. Deputy City Manager Greg Garcia advised that at the August 13, 2019 City Council meeting, Council Member Moreno requested that staff bring back for Council consideration a resolution expressing opposition to the "public charge test." He clarified that the public charge test is a longstanding federal policy that serves as a potential cause for inadmissibility that could bar an individual's admission to the United States on a visa or adjustment of status to that of a lawful permanent resident (LPR). Mr. Garcia reported that on August 14, 2019, the Department of Homeland Security (OHS) published a new public charge rule that proposed a handful of changes, including an expansion of the definition of who is a "public charge" and ineligible for permanent residency. He advised the new rule is currently scheduled to take effect on October 15, 2019; however, there have been a handful of legal challenges put forward seeking to delay or reverse this rule change. City Council Minutes of September 10, 2019 Page 12 of 16 Mr. Garcia advised the resolution before City Council tonight expresses the City's formal opposition to the new public charge rule and outlines the negative impacts that could occur from this new rule being imposed. DISCUSSION: Mayor Sidhu expressed his concern regarding the item, did not feel City Council should act on the item at this time due to its Federal nature, encouraged continued monitoring of the issue, and noted he would be abstaining on the item. Council Member Moreno reported he requested this item due to concerns heard from the community and under the ethic of Welcoming Anaheim. He expressed his concern regarding the proposed rule change, believed Anaheim's voice would hold weight, and felt Anaheim has a moral duty to object to the new public charge rule. He questioned what services residents may not seek out due to this rule and expressed concern with the health and wellbeing of Anaheim residents. MOTION: Council Member Moreno moved to approve A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM opposing the Department of Homeland Security's public charge rule change as applied to legal permanent residency applications, seconded by Council Member Brandman. DISCUSSION: Mayor Pro Tern Kring stated that she would not support the item, provided background information about the rule and immigration, and expressed concern regarding the use of public assistance and exposure to diseases due to lack of inoculation. Council Member Barnes believed the Anaheim City Council should provide input on the rule due to its impact on local government, immigrants, and the economy. She supported approval of the resolution. City Attorney Robert Fabela clarified the comment period on the DHS's new public charge rule had closed and the rule will go into effect in October. Council Member O'Neil did not support the item because he felt it was not within Council's direct purview, disrupted the dais running the City, and he did support the DHS rule change. Council Member Moreno advised that the rule bans immigrants from receiving legal status in the United States based on a bureaucrat's projection that they might become dependent on the government in the future. He also noted that there are residents who are impacted by this rule who need health services and cited national organizations that have stated opposition to the rule. He closed by reading a poem from the Statue of Liberty. Council Member Brandman expressed his support for the item, cited precedent for weighing in on such issues via previous resolutions, and encouraged City Council to support the item. Council Member Faessel stated that he is pro-immigration and does not agree with or support the DHS public charge rule. However, he did not see great value in having Anaheim weigh in on the item and he would abstain from the item. Council Member Moreno's asked Council Member Faessel to reconsider abstaining on the item and support Congressman Correa in obtaining Anaheim's support of the item. City Council Minutes of September 10,2019 Page 13 of 16 MOTION: Council Member Moreno moved to approve A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM opposing the Department of Homeland Security's public charge rule change as applied to legal permanent residency applications, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 3 (Council Members Barnes, Brandman, and Moreno); NOES —2 (Mayor Pro Tern Kring and Council Member O'Neil); ABSTAIN —2 (Mayor Sidhu and Council Member Faessel). Motion failed. D116 21. Reinstate the City of Anaheim's original flag as the City's official flag, replacing the flag that was adopted on August 28, 2018 (Continued from Council meeting of August 13, 2019, Item No. 18). DISCUSSION: Mayor Pro Tern Kring stated the item has been well discussed at the last meeting, reviewed the TED Talk about flags, and noted she received six correspondences in favor of the new flag and 54 in favor of reinstating the original flag. She stated her preference for the original flag, with the seal image cleaned/cleared up to make each item distinct. MOTION: Mayor Pro Tem Kring moved to re-instate the City of Anaheim's original flag as the City's official flag, replacing the flag that was adopted on August 28, 2018, seconded by Council Member O'Neil. DISCUSSION: Council Member Brandman requested that staff present an alternative, fusion flag to City Council and staff. Chief Communications Officer Mike Lyster presented an alternative flag to City Council and explained its significance, including the combined seal, stripes, and flags of the original and new flags. Council Member Brandman expressed his support for this alternative. City Attorney Robert Fabela stated consideration of an alternative flag would be under Council's discretion during discussion of the item. Council Member Moreno expressed his support of the alternative flag as presented as a good compromise with the connection of old and new. He referenced the original committee process, Council Member Faessel's involvement, and stated the importance of process. He opposed the motion on the floor and would like to re-agendize this in 30-days to allow residents to weigh in. Mayor Pro Tern Kring addressed the process and feedback received. She expressed her support for the item and would like to see the original flag return. Mayor Sidhu expressed his support for the item based on comments received from the community. Council Member O'Neil questioned the ability to review alternative designs under the agenda item. Mr. Fabela stated a more conservative approach would be to bring it back at a different date, but it could be discussed. Council Member O'Neil supported the item as presented. Council Member Faessel explained that he was appointed to a committee whose charge was to come up with a new flag and the committee reviewed over 100 submittals. He noted he did not recall the option to stay with the original City flag. He reported comments received noted the lack of the City seal, which many residents are proud of and wish to still see. He summarized his City Council Minutes of September 10, 2019 Page 14 of 16 previous participation on the committee and votes on the matter and reviewed the various flags under consideration. He offered support for postponing the vote. Mr. Lyster presented the original flag, the updated flag, and updated draft flag mock-ups, per Council Member Moreno's request. Council Member Moreno encouraged City Council to vote against the item to allow for additional input on new designs. In response to Council Member Moreno's inquiry, Mayor Sidhu stated that he listened to the voters when it came to the City flag. Council Member Barnes expressed her support of continuing the item and allowing feedback from Anaheim residents. Mayor Pro Tem Kring stood behind her past vote regarding the flag and stands behind the item. SUBSIDIARY MOTION: Council Member Brandman moved to amend the motion to consider the alternative flag as presented by staff, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 3 (Council Members Barnes, Brandman, and Moreno); NOES —4 (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil). Motion failed. SUBSIDIARY MOTION: Council Member Moreno moved to continue the item to October 22, 2019 and post flag options online to allow for community feedback, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 3 (Council Members Barnes, Brandman, and Moreno); NOES —4 (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil). Motion failed. DISCUSSION: In response to Council Member Faessel's inquiry, Mr. Fabela advised that nothing precluded any member of City Council agendizing a review of the flag at a future City Council meeting. In response to Council Member Moreno's inquiry, Deputy City Manager Greg Garcia advised that it would be $5,000 to $7,000 to reinstate the original flag. Council Member Moreno encouraged City Council to continue the item to save residents money. MOTION: Mayor Pro Tem Kring moved to re-instate the City of Anaheim's original flag as the City's official flag, replacing the flag that was adopted on August 28, 2018, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES —4 (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil); NOES — 2 (Council Members Barnes and Moreno); ABSTAIN — 1 (Council Member Brandman). Motion carried. PUBLIC COMMENTS (non-agenda items): None COUNCIL COMMUNICATION: Council Member Moreno requested an agenda item to consider a budget amendment to fund the Northgate Community Center renovations, concurred by Council Members Brandman and Barnes. He also requested consideration of a strategic public art plan, concurred by Council Members Brandman and Barnes. Council Member Moreno thanked Principal Librarian Tasneem Watts for assisting with a second meeting regarding the stadium negotiations, as well as the residents who attended. He reported his attendance at the District 1 Anaheim First town hall City Council Minutes of September 10, 2019 Page 15 of 16 meeting and encouraged all to attend the District 3 town hall on September 11 at the Ebell Club. He announced the District 3 Neighborhood Services meeting on October 3 at the Downtown Community Center. Council Member Moreno reported a campaign finance ordinance would be considered on September 24 to codify a requirement that Council Members recuse themselves for 12 months from any vote about a campaign contributor. On behalf of OCTA, he reported five Anaheim students in the AIME program interned at OCTA, OCTA approved $100,000 in competitive grant funds for pedestrian and bicycle safety programs, the expansion and success of the College Pass program for bus riders, and the Beach Blvd. corridor study across nine cities for which he requested the OCTA CEO meet with City Manager Chris Zapata and District 1 Council Member Barnes. Council Member Brandman requested an agenda item on September 24 to consider a mobile home rent subsidy program, concurred by Council Members Moreno and Barnes. He thanked those who attended a District 2 community meeting on August 22 and announced Dad Miller Golf Course would undergo improvements. He expressed regrets for missing the District 2 Anaheim First town hall, thanked Mayor Sidhu for attending, and reported that while at OCWD that evening, they voted on the final expansion of the County's groundwater replenishment system. On August 27, he attended Raising Cane's grand opening and ribbon cutting and acknowledged them for including Anaheim's heritage and for hiring Anaheim students. He announced the OC Pride Festival and Parade was moving to Anaheim in 2020 and announced upcoming Hispanic Heritage Month events at city libraries. Council Member Faessel requested a proclamation recognizing the 100th anniversary of the Orange County Historical Society, concurred by Council Members Moreno and Barnes. He acknowledged the anniversary of 9/11 and its connection to Anaheim via pilot and Anaheim High School graduate Chip Burlingame. He spoke about the State's passage of AB148. He reported his attendance at Tacos with a Cop at the Northgate Gonzalez Market at East and Romneya, Coffee with a Council Member at Zov's, a water policy breakfast at Colony House with Congressman Correa, his first meeting of the OC Housing Trust, a Republic Services' donation of a trash truck to Guanajuato, Mexico, the Orange County Family Justice Center teen ambassador program graduation, the Brewery X ribbon cutting, and the second movie night at Ambassador Church, thanking the Police and Fire & Rescue Departments for their participation. Mayor Pro Tem Kring reported her attendance last Thursday at the groundbreaking of El Verano housing, a 55-unit development for low-income seniors. She highlighted upcoming library programs, the Anaheim First District 4 town hall on September 18 at Ponderosa Library, the 13th annual Anaheim Health Fair at the Anaheim Convention Center on September 21-22, and the District 4 Neighborhood Services Community Meeting at Ball Junior High School on October 9. She acknowledged Raising Cane's for supporting the Anaheim Family YMCA and hiring special needs individuals. Mayor Pro Tern Kring reiterated her previous request to recognize a woman who stopped a kidnapping at 7-11 and recognized the anniversary of 9/11. She reported her appointment to the Palm Lane Charter School board of directors and requested the City speak with the County animal shelter regarding their treatment of cats. On behalf of the Orange County Sanitation District, she reported construction was starting on the northern portion of State College Boulevard and announced two meetings to obtain additional information on September 11 at the Anaheim Royale Mobile Home Park clubhouse and on September 19 at the Arbor Park Apartments pool area. Council Member Barnes asked to remember the hurricane victims and encourage all to donate blood. She requested staff consider changing the Zoning Code to prohibit e-cigarettes and City Council Minutes of September 10, 2019 Page 16 of 16 vaping stores from operating near schools, concurred by Council Members Faessel and Moreno. She reported her attendance at Higher Ground on August 28, the El Verano ground-breaking, and the Love Anaheim Day. Attended Higher Ground 8/28, beautiful program. She reported that September 10-12, OC Vector Control would be spraying parts of District 1 for mosquito control and referred to the City's website for more information. She also announced a Senior Citizens Advisory Council meeting at the Downtown Community Center on 9/13, a free pet chipping event sponsored by State Senator Ling Ling Chang at the Brookhurst Community Center on 9/14, health resources and fitness fair on 98/14 at the Downtown Community Center, and a Haskett Library fashion event on 9/15. She displayed a photo of Mr. Hermie Stoffel and his family at the open house at the Wolke-Stoffel House at Founders Park and referred to her newsletter for stories about his family. Mayor Sidhu announced the free health and citizenship fair on September 21-22 and thanked Dr. Shah for his work across the world. He adjourned the meeting in honor of the lives lost on 9/11 and Justin Dignam, Anaheim Hills resident, who was lost in a recent boat fire. ADJOURNMENT: With no further business, Mayor Sidhu adjourned the September 10, 2019 Council meeting at 9:35 P.M., in memory of lives lost on September 11, 2001 and Anaheim Hills resident Justin Dignam. 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